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GRANITE COUNTY v. KOMBEREC

No. 90-312.

800 P.2d 166 (1990)

GRANITE COUNTY, a Political Subdivision, Plaintiff and Appellant, v. Charles KOMBEREC, Defendant, Appellant and Respondent.

Supreme Court of Montana.

Decided November 1, 1990.

As Changed on Denial of Rehearing November 20, 1990.

Attorney(s) appearing for the Case

J. Allen Bradshaw, Granite County Atty., Philipsburg, for plaintiff and appellant.

Fred Thomson, Missoula, for defendant, appellant and respondent.

Robert L. Deschamps, III, County Atty., Martha E. McClain, Deputy County Atty., Missoula, for amicus.

McDONOUGH, Justice.

The defendant Charles Komberec appeals the judgment of the Montana Third Judicial District Court, Granite County, sitting without a jury, declaring a prescriptive right for a public road crossing Komberec's property and enjoining Komberec from obstructing the road. We affirm.

Komberec raises the following issues on appeal:

(1) Does Granite County have standing to bring an action for acquisition of a road based on prescription?<...

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